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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA In Re: Oil Spill by the Oil Rig MDL NO. 2179 “Deepwater Horizon” in the Gulf of Mexico, on April 20, 2010 SECTION J Applies to: All Cases JUDGE BARBIER MAGISTRATE JUDGE SHUSHAN REPORT BY THE CLAIMS ADMINISTRATOR OF THE DEEPWATER HORIZON ECONOMIC AND PROPERTY DAMAGES SETTLEMENT AGREEMENT ON THE STATUS OF CLAIMS REVIEW STATUS REPORT NO. 36 DATE AUGUST 31, 2015 Case 2:10-md-02179-CJB-SS Document 15299 Filed 09/01/15 Page 1 of 26

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Page 1: UNITED STATES DISTRICT COURT EASTERN ... - Deepwater Horizondeepwaterhorizoneconomicsettlement.com/docs/Court... · “deepwater horizon” in the gulf of mexico, on april 20, 2010

UNITED STATES DISTRICT COURTEASTERN DISTRICT OF LOUISIANA

In Re: Oil Spill by the Oil Rig MDL NO. 2179“Deepwater Horizon” in the Gulfof Mexico, on April 20, 2010 SECTION J

Applies to: All Cases JUDGE BARBIERMAGISTRATE JUDGE SHUSHAN

REPORT BY THE CLAIMS ADMINISTRATOR OF THE DEEPWATER

HORIZON ECONOMIC AND PROPERTY DAMAGES SETTLEMENT

AGREEMENT ON THE STATUS OF CLAIMS REVIEW

STATUS REPORT NO. 36 DATE AUGUST 31, 2015

Case 2:10-md-02179-CJB-SS Document 15299 Filed 09/01/15 Page 1 of 26

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UNITED STATES DISTRICT COURTEASTERN DISTRICT OF LOUISIANA

In re: Oil Spill by the Oil Rig MDL NO. 2179“Deepwater Horizon” in the Gulfof Mexico, on April 20, 2010 SECTION J

Applies to: All Cases JUDGE BARBIERMAGISTRATE JUDGE SHUSHAN

REPORT BY THE CLAIMS ADMINISTRATOR OF THE DEEPWATER HORIZONECONOMIC AND PROPERTY DAMAGES SETTLEMENT AGREEMENT ON THE

STATUS OF CLAIMS REVIEW

STATUS REPORT NO. 36, DATED AUGUST 31, 2015

The Claims Administrator of the Deepwater Horizon Economic and Property Settlement

Agreement (Settlement Agreement) submits this Report to inform the Court of the status of the

implementation of the Settlement Agreement as of July 31, 2015. The Claims Administrator will

provide any other information in addition to this Report as requested by the Court.

I. STATUS OF THE CLAIMS REVIEW PROCESSES AND CLAIM PAYMENTS

A. Claim Submissions.

1. Registration and Claim Forms.

The Claims Administrator opened the Settlement Program with needed functions staffed

and operating on June 4, 2012, just over 30 days after the Claims Administrator’s appointment. As

of July 31, 2015, the Claims Administrator’s Office and Vendors (CAO)1 have received 282,278

Registration Forms and 368,230 Claim Forms since the Settlement Program opened on June 4,

2012, as shown in the Public Statistics for the Deepwater Horizon Economic and Property

1 “Claims Administrator’s Office”, as used within this report, refers to the Claims Administrator and, where applicable,Court-Supervised Settlement Program vendors working with and under the Claims Administrator.

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Damages Settlement (Public Report) attached as Exhibit A.2 References throughout this report to

Claim Forms filed are affected similarly.

Of the total Claim Forms submitted and the Claim Forms begun but not fully completed

and submitted, 6.6% were filed within the Seafood Program, 17.9% were filed within the

Individual Economic Loss (IEL) framework, and 37.8% were filed within the Business Economic

Loss (BEL) framework (including Start-Up and Failed BEL Claims). See Ex. A, Table 2.

On December 8, 2014, the United States Supreme Court declined the request for a review

of the Fifth Circuit’s rulings upholding the District Court’s Final Approval Order of the Settlement

Agreement. Accordingly, the Effective Date of the Settlement Agreement was December 8, 2014,

and the final deadline for filing all new claims occurred on June 8, 2015. As such, the Claims

Administrator will close new claim submissions made after June 8, 2015.

2. Minors, Incompetents, and Deceased Claimants.

The table below describes the claims filed on behalf of minors, incompetents, and deceased

claimants in the Settlement Program.

Table 1. Minors, Incompetents, and Deceased Claimants.

StatusNew Since

LastReport

No Longer aMinor/Incompetentor Reclassified asan Estate Since

Last Report

ChangeSince Last

Report

TotalClaimants

A. Minor Claimants1. Claims Filed 0 0 0 55

2. Claims Within GADLReview

0 0 0 5

3. Eligible for Payment 0 0 0 204. Approval Orders Filed 0 N/A 0 20

B. Incompetent Claimants

1. Claims Filed 0 0 0 134

2 Claims Received does not include all Claim Forms that have been received timely in hard copy, as the CAOcontinues to enter those submissions into the Claim Portal. For this reason, the Claims Received figure will not befinal until all of these Claim Forms are processed and recorded.

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2. Claims Within GADLReview

0 0 0 2

3. Eligible for Payment 0 0 0 794. Approval Orders Filed 0 N/A 0 73

C. Deceased Claimants

1. Claims Filed 1 1 0 6652. Eligible for Payment 1 1 0 3303. Approval Orders Filed 11 0 +11 267

3. Third Party Claims.

The CAO receives, processes, and pays the claims and/or liens asserted by attorneys,

creditors, governmental agencies, or other third parties (Third Party Claims) against the payments

to be made by the CAO to eligible claimants under the Settlement Agreement in accordance with

Court Approved Procedure Order No. 1 (as entered September 9, 2012, and amended March 11,

2013).

The CAO requires a third party claimant to submit enforcement documentation soon after

the initial Third Party Claim assertion. If a Third Party Claim assertion does not contain claimant-

identifying information and/or the required enforcement documentation, the CAO sends the third

party claimant an Acknowledgment Notice providing the third party claimant 20 days to submit

the claimant-identifying information and/or the specified documentation required to support the

Third Party Claim. If the third party claimant fails to submit the responsive

information/documentation within 20 days, the CAO disallows the Third Party Claim and issues a

Disallowed Notice to the third party claimant. The CAO issues a Notice of Enforced Third Party

Claim to each claimant and third party claimant as soon as the CAO receives sufficient

enforcement documentation, regardless of where any underlying Settlement Program Claim is in

the review process. The claimant may, but is not required to, object to the Third Party Claim at

this time. After the CAO sends an Eligibility Notice to the affected Settlement Program Claimant

against whom an Enforced Third Party Claim has been asserted (meaning that both the underlying

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claim and the Third Party Claim are payable), the CAO sends the claimant/claimant’s attorney and

the third party claimant a Notice of Valid Third Party Claim, and the claimant has 20 days to notify

the CAO of any objection to the Third Party Claim.

The CAO continues to process and pay Third Party Claims as reflected in Table 2 below.

Table 2. Third Party Claims.

Type ofThird Party Claim

(“TPC”)

TPCsAsserted

TPCsAssertedAgainst

ClaimantsWith a

DHECC ID

TPCsAssertedAgainstPayableClaims

Valid TPCsAssertedAgainstPayableClaims

Claims withTPCs Paid/Ready forPayment(TPClmt)

Claims withTPCs Paid/Ready forPayment(Clmt)

1. Attorney’s Fees 3,061 2,875 587 343 449 800

2. IRS or State TaxLevies

1,110 936 92 72 68 106

3. Individual DomesticSupport Obligations

457 318 124 91 105 135

4.Blanket State-AssertedMultiple DomesticSupport Obligations

4 states N/A N/A N/A 0 0

5. 3rd Party Lien/Writ ofGarnishment

1,094 497 48 23 14 14

6. Claims Preparation/Accounting

4,957 4,781 376 331 267 286

7. TOTAL 10,679 9,407 1,227 860 903 1,3413

The CAO sends a Notice of Third Party Claim Dispute to all parties involved in a disputed

Valid Third Party Claim. If the claimant and third party claimant are unable to resolve their dispute

by agreement and if the dispute is over a Third Party Claim for attorney’s fees or fees associated

with work performed in connection with a Settlement Program Claim, the claimant and third party

claimant may participate in the Court-approved Third Party Claims Dispute Resolution Process

and will receive a Request for Third Party Claim Dispute Resolution Form with the Notice of Third

3 A Third Party Claim can be asserted against one or more Settlement Program claims. Additionally, if the Third PartyClaim amount is in dispute, the CAO pays the claimant the undisputed portion of the Settlement Payment. For thesereasons, this total may not be equal to the total of the two preceding columns.

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Party Claim Dispute. Table 3 provides additional information about participation in the Third

Party Claims Dispute Resolution Process.

Table 3. Third Party Claims Dispute Resolution Process.

Eligible DisputesRequest Forms

Received for EligibleDisputes

RecordsProvided toAdjudicator

DisputesWithdrawn

FinalDecisions4

156 102 71 73 35

If the dispute is over a Third Party Claim asserted by a state or federal agency, the claimant

must resolve the dispute in accordance with the applicable agency’s procedures. If the dispute is

over the amount of a Third Party Claim based on a final judgment of a state or federal court, the

CAO must receive either a written agreement between the parties or a copy of a subsequent

modifying court order to validate the claimant’s objection;5 otherwise, the CAO will issue payment

in satisfaction of the judgment to the third party claimant.

To date, the CAO has removed 2,319 lien holds due to parties releasing their Third Party

Claims or resolving disputes.

B. Claims Review.

The CAO completed its first claim reviews and issued its first outcome notices on July 15,

2012, and its first payments on July 31, 2012. There are many steps involved in reviewing a claim

so that it is ready for a notice.

1. Identity Verification.

The Claimant Identity Verification review is the first step in the DWH claims review

process. The Identity Verification team conducts searches based on the Taxpayer Identification

4 Several factors affect when a Dispute is ripe for the Adjudicator to issue a Final Decision, including whether theAdjudicator has requested additional documentation or granted a Telephonic Hearing.5 For a claimant to object to a Third Party Claim based on a final judgment of a state or federal court, the CAO requiresadditional evidence beyond a mere objection to delay or deny payment of the court-ordered debt.

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Numbers (TIN) of claimants to confirm that both the claimant’s name and TIN exist and

correspond with each other. The Identity Verification team has initiated verifications for 249,802

claimants. Of those, the CAO has matched the TIN and claimant’s name to public records

databases and verified identity for 138,493 claimants from the initial query through LexisNexis

and/or Dun & Bradstreet. The CAO has reviewed the remaining 111,309 claimants to determine

whether claimant identity could be verified after searching for typographical errors and name

changes or after reviewing official documentation from the Internal Revenue Service or Social

Security Administration. Of the remaining 111,309 claimants, the CAO has verified the identity

of 96,433.

If the CAO cannot verify a claimant’s identity after review, but it appears that additional

documentation may allow the CAO to verify the claimant’s identity, the CAO issues a Verification

Notice to the claimant requesting such documentation. Verification Notice types include an SSN

Notice, an ITIN Notice, and an EIN Notice. Claimants may receive more than one type of

Verification Notice depending on the claimant’s Taxpayer Type or if the claimant requests a

change in his Taxpayer Type or TIN.

The CAO reviews the documentation that claimants submit in response to the Verification

Notice to determine whether it is sufficient to verify identity. The table below contains information

on the number of claimants verified by the CAO during an initial Identity Verification review, in

addition to the type and number of TIN Verification Notices issued when the CAO could not verify

identity after the initial review.

Table 4. Identity Verification Review Activity.

Claimant StatusTotal

Claimants

Total ClaimantsVerified AfterReview/Notice

ClaimantsRemaining to be

Verified

1. Under Review 8,341 N/A 8,341

2. Verified During Review 77,047 77,047 N/A

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The following table contains information about the average time in days for claimants to

provide documentation sufficient to verify the claimant’s identity after receiving a Verification

Notice.

When a claimant submits a Subsistence claim stating that he or she fished or hunted to

sustain his or her basic personal and/or family’s dietary needs, the CAO verifies the identities of

the claimed family members. To do so, the CAO attempts to match each claimed family member’s

name and TIN to ensure that the family member exists and that the family member was not

deceased prior to or at the time of the Spill or is not an overlapping dependent already identified.

The CAO first attempts to match each family member’s name and TIN to public records databases

through LexisNexis. To date, the CAO has sent 95,521 family members’ names and TINs,

associated with 30,078 claims, to LexisNexis for verification. If a claimed family member’s

identity cannot be verified through LexisNexis, the CAO reviews the claim file to determine

whether the claimed family member’s identity can be verified using information contained within

the file. After each claimed family member’s identity has been verified or reviewed, the

Subsistence team reviews the claim to determine eligibility for payment.

3. SSN Notice Issued After Review 5,217 2,594 2,623

4. ITIN Notice Issued After Review 415 358 57

5. EIN Notice Issued After Review 19,876 16,206 3,670

6. SSN & ITIN Notice Issued After Review 4 2 2

7. EIN & ITIN Notice Issued After Review 44 31 13

8. EIN & SSN Notice Issued After Review 360 191 169

9. EIN, ITIN & SSN Notice Issued After Review 5 4 1

10. Total 111,309 96,433 14,876

Table 5. Average Time to Cure Verification Notice.

Notices Type Average Days to Cure1. SSN Notice 55

2. ITIN Notice 31

3. EIN Notice 40

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2. Employer Verification Review (EVR).

The EVR process ensures that all employees of the same business are treated uniformly

and that each business is placed in the proper Zone. The reviewer performs the analysis necessary

to assign the proper NAICS code to a business. The EVR team has completed the EVR analysis

for 280,410 businesses and rental properties.

From July 1, 2015, through July 31, 2015, the team completed the EVR process for 4,152

businesses and rental properties, and 3,355 business and rental properties were identified for

review. The CAO continues to perform the EVR for new businesses and rental properties on a

first-in, first-out basis.

3. Exclusions.

The Exclusions review process ensures that claims and claimants excluded under the

Settlement Agreement are appropriately denied. The Exclusions team guides the reviewers and

the EVR team when questions arise during the Exclusion review. Table 7 below shows the number

of Denial Notices issued to date for each Exclusion Reason and the team responsible for making

such a determination.

6 The number of Claims and Family Members reviewed in July 2015 shows a decrease as compared to the number ofreviews completed in June 2015. Claimants who later requested Re-Review or Reconsideration were moved backinto review and are therefore no longer considered completed reviews

Table 6. Subsistence Family Member Identity Verification Activity.

AwaitingReview

Change fromLast Report Reviewed Change from

Last Report6

1. Number of Claims 109 63 17,513 -19

2. Number of Family Members 1,090 828 74,202 -309

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Table 7. Exclusions.

Exclusion Reason TeamResponsible

DenialNotices

Since LastReport

TotalDenialNotices

1. GCCF Release

Exclusions

363 8,853

2. BP/MDL 2179 Defendant 2 443

3. US District Court for Eastern District of LA 0 23

4. Not a Member of the Economic Class

ClaimsReviewers

31 522

5. Bodily Injury 0 6

6. BP Shareholder 0 9

7. Transocean/Halliburton Claim 0 0

8. Governmental Entity

EVR

4 900

9. Oil and Gas Industry 9 1,458

10. BP-Branded Fuel Entity 2 268

11. Menhaden Claim 1 27

12. Financial Institution 5 373

13. Gaming Industry 7 750

14. Insurance Industry 7 268

15. Defense Contractor 4 402

16. Real Estate Developer 5 492

17. Trust, Fund, Financial Vehicle 1 21

18. Total Denial Notices from Exclusions 441 14,815

4. Claimant Accounting Support Reviews.

A special team handles Claimant Accounting Support (CAS) reviews. CAS reimbursement

is available under the Settlement Agreement for IEL, BEL, and Seafood claims. After a claim has

been determined to be payable and the Compensation Amount has been calculated, the CAS team

reviews accounting invoices and CAS Sworn Written Statements submitted by the claimant. Table

8 includes information on the number of CAS reviews the CAO has completed to date, whether

the Accounting Support documentation was complete, and the dollar amounts reimbursed for each

Claim Type.

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Table 8. Claimant Accounting Support.

ClaimType

CAS Review Results Total CASReview Results

CAS Dollar AmountReimbursedComplete Incomplete

SinceLast

Report

Totalto Date

SinceLast

Report

Totalto Date

SinceLast

Report

Totalto Date

Since LastReport Total to Date

1. BEL 828 19,769 110 2,635 938 22,404 $1,285,777.43 $26,863,761.31

2. IEL 20 3,306 12 741 32 4,047 $3,896.09 $406,995.87

3. Seafood 7 3,945 -37 831 4 4,776 $2,874.89 $1,611,688.14

4. TOTAL 855 27,020 119 4,207 974 31,227 $1,292,548.41 $28,882,445.32

5. Quality Assurance Review.

The Quality Assurance (QA) process addresses three fundamental needs of the Settlement

Program: (a) it ensures that all claims reviewed within the system environment are reviewed in

accordance with the provisions of the Settlement Agreement by targeting anomalous claim results

through data metrics analysis; (b) it provides a mechanism to monitor reviewer performance and

the tools necessary to efficiently and effectively provide feedback to reviewers; and (c) it identifies

areas of review resulting in high discrepancy rates that require retraining or refined review

procedures and data validations.

The CAO has implemented a reviewer follow-up process for all claim types reviewed

within the system environment. The CAO provides daily follow-up to reviewers in the event a

QA review of a particular claim produces a result different than that of the original review. The

CAO also identifies specific reviewers who may require retraining and whether there are issues

that warrant refresher training for all reviewers. Table 9 shows, by Claim Type, the number of

claims identified for QA review, as well as the number of QA reviews which were completed, the

number in progress, and the number awaiting review.

7 The decrease in Incomplete Reviews Results are from three Seafood claims that the Claims Administrator haddetermined were not Incomplete for CAS Reimbursement prior to July.

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Table 9. Quality Assurance Reviews.8

Claim TypeTotal ReviewsNeeding QA

To Date

QAReviews

Completed

% of QAReviews

Completed

QAReviews inProgress

ClaimsAwaiting

QA Review

QA ReviewsCompletedSince Last

Report

1. Seafood 25,547 25,453 99.6% 52 42 14

2. IEL 37,495 36,214 96.6% 535 746 414

3. BEL 43,331 42,695 98.5% 285 351 1,247

4. Start-Up BEL 3,736 3,664 98.1% 45 27 127

5. Failed BEL 3,205 3,140 98.0% 25 40 105

6. Coastal RP 23,644 23,554 99.6% 33 57 379

7. Wetlands RP 11,304 10,973 97.1% 93 238 631

8. RPS 1,014 1,014 100.0% 0 0 14

9. Subsistence 71,955 66,273 92.1% 611 5,071 1,120

10. VoO 8,036 8,028 99.9% 6 2 27

11. VPD 1,619 1,603 99.0% 1 15 36

12. TOTAL 230,886 222,611 96.4% 1,686 6,589 4,114

6. Claim Type Review Details.

Table 10 provides information, by Claim Type, on the number of claims filed, the number

of claims that have been reviewed to Notice, the number of claims remaining to be reviewed to

Notice, and the number of claims reviewed to either a Notice or “Later Notice” to date. Table 10

divides the claims reviewed to a “Later Notice” into separate sections: (1) claims receiving a

Notice based on CAO review following the submission of additional materials by a claimant in

response to an Incompleteness Notice, and (2) claims receiving a Notice following a

Reconsideration review conducted by the CAO.

8 Table 9 only includes system generated data that arise from Quality Assurance reviews of initial claim reviews thatare performed within the confines of the system environment. Separate from the initial claim review, there arenumerous ancillary steps within the overall claim review process in which Quality Assurance activities and measuresare performed outside of the system environment.

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Table 10. Throughput Analysis of Claims Filed and Notices Issued.

A. Claims Reviewed to First Notice

Claim Type

Status of All Claims Filed Productivity From 7/1/15Through 7/31/15

TotalClaims

Filed ToDate9

Reviews Completedto Notice or Closed

Claims Remainingto Review

NewClaimsFiled9

Avg.Daily

ClaimsFiled

ReviewsCompleted

to FirstNotice

Avg.Daily

Reviewsto FirstNotice

1. Seafood 24,911 24,618 98.8% 293 1.2% 64 2 20 <1

2. IEL 60,328 43,921 72.8% 16,407 27.2% 674 22 349 11

3. IPV/FV 381 356 93.4% 25 6.6% 5 <1 34 1

4. BEL 129,655 87,355 67.4% 42,300 32.6% 1,074 35 2,370 76

5. Start-Up BEL 7,333 5,592 76.3% 1,741 23.7% 235 8 156 5

6. Failed BEL 5,226 3,996 76.5% 1,230 23.5% 175 6 121 4

7. Coastal RP 41,202 38,917 94.5% 2,285 5.5% 269 9 443 14

8. Wetlands RP 25,647 13,625 53.1% 12,022 46.9% 434 14 664 21

9. RPS 2,094 1,963 93.7% 131 6.3% 59 2 62 2

10. Subsistence 61,019 34,266 56.2% 26,753 43.8% 8,335 269 1,422 46

11. VoO 8,896 8,826 99.2% 70 0.8% 13 <1 29 <1

12. VPD 1,538 1,497 97.3% 41 2.7% 7 <1 40 1

13. TOTAL 368,230 264,932 71.9% 103,298 28.1% 11,344 366 5,710 184

B. Claims Reviewed to Later Notice

Claim Type

Initial or PreliminaryIncompleteness Response

Follow-Up IncompletenessResponses

Requests forReconsideration

TotalResponses

ClaimswithLaterNotice

RemainingClaims

TotalResponses

ClaimswithLaterNotice

RemainingClaims

TotalRequests

Claimswith

LaterNotice

RemainingClaims

1. Seafood 5,957 5,528 429 2,873 2,671 202 3,968 3,575 393

2. IEL 17,824 16,024 1,800 9,336 8,287 1,049 6,455 5,790 665

3. IPV/FV 106 100 6 38 37 1 42 39 3

4. BEL 46,192 32,338 13,854 21,945 14,608 7,337 12,392 8,733 3,659

5. Start-Up BEL 3,047 2,459 588 1,878 1,393 485 1,111 790 321

6. Failed BEL 1,356 1,072 284 864 602 262 762 618 144

7. Coastal RP 5,933 5,751 182 1,705 1,667 38 2,110 2,089 21

8. Wetlands RP 694 500 194 155 109 46 1,013 762 251

9. RPS 359 354 5 125 123 2 237 233 4

10. Subsistence 11,129 7,491 3,638 4,246 2,877 1,369 2,169 1,291 878

9 Claims Received does not include all Claim Forms that have been received timely in hard copy, as the CAOcontinues to enter those submissions into the Claim Portal. For this reason, the Claims Received figure will not befinal until all of these Claim Forms are processed and recorded.

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Table 10. Throughput Analysis of Claims Filed and Notices Issued.

11. VoO 964 944 20 405 393 12 636 627 9

12. VPD 795 757 38 366 349 17 268 250 18

13. TOTAL 94,356 73,318 21,038 43,936 33,116 10,820 31,163 24,797 6,366

C. Claim Payments.

1. Notices and Payments.

Tables 4 and 5 of the Public Report attached in Exhibit A provide detail on the notices and

payments issued to date. As of July 31, 2015, the CAO has issued 102,078 Eligibility Notices to

unique claims with Payment Offers totaling $6.32 billion. As of that date, the CAO has made

$5.61 billion in payments on 94,615 claims.

2. Claimants in Bankruptcy.

The CAO reviews each claimant who indicates an open bankruptcy on the Registration

Form (Debtor Claimant) to determine whether the claimant has submitted sufficient documentation

from the applicable bankruptcy court to issue payment. If the CAO determines that the claimant

is not a Debtor Claimant per the Procedure for Disposition of Claims by Claimants in Bankruptcy

(Proc-445), or if the claimant submits sufficient documentation for the CAO to issue payment on

all active claims, the CAO will remove the Bankruptcy Hold.

Table 11 provides information about the status of claimants identified as Debtor Claimants,

including information on notices issued to those claimants.

Table 11. Claimants in Bankruptcy.

1. Identified Claimants in Bankruptcy Total Change Since LastReport

(a) Claimants with Active Bankruptcy Holds 2,334 +17(b) Claimants with Removed Bankruptcy Holds 1,273 +28

2. Bankruptcy Notices Issued Total Change Since LastReport

(a) Debtor Claimant in Bankruptcy Notices 491 +19(b) Bankruptcy Trustee Communication Notices 109 +4

(c) Bankruptcy Trustee Informational Notices 81 +2

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D. Re-Reviews, Reconsiderations, and Appeals.

1. Re-Reviews and Outcomes.

The CAO implemented a Re-Review process beginning on January 18, 2013, that provides

claimants with the opportunity to request a Re-Review of their claim within 30 days of the issuance

of an Eligibility or Denial Notice if the claimant has additional documentation not previously

submitted to support its claim. Following a Re-Review, claimants receive a Post Re-Review

Notice, from which they may then request Reconsideration if they wish. To date, there have been

115,025 Eligibility or Denial Notices issued from which claimants can or could seek Re-Review.

Of those, the window to seek Re-Review has passed or Re-Review has been requested for 112,518

claims. Of those, claimants have requested Re-Review of 13,048 claims. Thus, the rate of Re-

Review from all final determinations is 11.6%. The rate of Re-Review from Eligibility Notices is

8.1%, while the rate of Re-Review from Denial Notices is 21.0%.

Table 12 summarizes the Re-Reviews the CAO has completed, the number of Post Re-Review

Notices the CAO has issued, and whether the outcome of the Re-Review resulted in an award that

was higher than (↑), lower than (↓),or the same as (↔) the outcome previously issued. The table

also includes information on whether an original Exclusion Denial was confirmed or overturned

on Re-Review.

Table 12. Re-Reviews.

A. Re-Review Requests and Reviews

Claim Type Requests Received ToDate

Reviews Completed To Date

TotalCompletedSince LastReport10

AverageWeeklyReviews

1. Seafood 883 842 11 6

2. IEL 930 851 -4 7

10 The IEL Total number of Re-Review reviews completed decreased by four claims as compared to the reviewscompleted in June 2015 because the Claims Administrator determined that these claims required an additionalreview prior to issuing a Post-Re-Review Notice.

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3. IPV/FV 13 12 0 <1

4. BEL 4,341 3,441 142 27

5. Start-Up BEL 340 248 25 2

6. Failed BEL 255 222 7 2

7. Coastal RP 1,084 1,062 10 8

8. Wetlands RP 1,709 1,359 73 10

9. RPS 107 106 8 <1

10. Subsistence 3,273 1,601 574 12

11. VoO 61 61 0 <1

12. VPD 52 48 1 <1

13. TOTAL 13,048 9,853 847 76

B. Re-Review Notices Issued

Claim Type

Notices Issued orClaims Closed Outcome of Re-Review Notice

Totalto Date

WeeklyAverage

CompensationAmount for

Eligible Claims11Exclusions/Denials

↑ ↓ ↔ Confirmed Overturned

1. Seafood 824 6 430 41 239 109 5

2. IEL 829 6 201 86 263 272 7

3. IPV/FV 12 <1 0 0 0 12 0

4. BEL 3,374 26 1,012 123 237 1,981 21

5. Start-Up BEL 236 2 29 8 6 192 1

6. Failed BEL 220 2 2 5 1 212 0

7. Coastal RP 1,055 8 48 4 128 838 37

8. Wetlands RP 904 7 35 9 37 815 8

9. RPS 104 <1 1 0 3 87 13

10. Subsistence 616 5 353 119 101 43 0

11. VoO 60 <1 7 5 17 29 2

12 VPD 47 <1 20 1 13 12 1

13. TOTAL 8,281 64 2,138 401 1,045 4,602 95

2. Reconsideration Reviews and Outcomes.

To date, there have been 213,784 Eligibility, Denial, or Incompleteness Denial Notices

issued from which claimants can or could seek Reconsideration. Of those, the window to seek

11 The IEL total number of reduced awards after Re-Review decreased by one claim as compared to the numberreviewed in June 2015 because multiple Claimants provided additional documentation after receiving the Noticewith a decreased award. The Claims Administrator reviewed this additional documentation and issued a new Noticewith an Award that either increased or remained the same as compared to the original offer.

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Reconsideration has passed or Reconsideration has been requested for 208,068 claims. Of those,

claimants have requested Reconsideration of 31,163 claims. Thus, the rate of Reconsideration

from all final determinations is 15.0%. The rate of Reconsideration from Eligibility Notices is

4.8%, while the rate of Reconsideration from Denial, or Incompleteness Denial Notices is 25.4%.

Table 13 summarizes the Reconsiderations the CAO has completed, the number of Post-

Reconsideration Notices the CAO has issued, and whether the outcome of the Reconsideration

review resulted in an award that was higher than (↑), lower than (↓), or the same as (↔) the

outcome previously issued. The table also includes information on whether an original Exclusion

Denial was confirmed or overturned on Reconsideration.

Table 13. Reconsideration.

A. Reconsideration Requests and Reviews

Claim Type Requests ReceivedTo Date

Reviews Completed To Date

TotalCompletedSince LastReport12

AverageWeeklyReviews

1. Seafood 3,968 3,649 -2 25

2. IEL 6,455 5,999 29 42

3. IPV/FV 42 39 0 <1

4. BEL 12,392 9,045 759 63

5. Start-Up BEL 1,111 816 69 6

6. Failed BEL 762 638 36 4

7. Coastal RP 2,110 2,091 9 14

8. Wetlands RP 1,013 829 61 6

9. RPS 237 234 3 2

10. Subsistence 2,169 1,628 287 11

11. VoO 636 631 0 4

12. VPD 268 260 1 2

13. TOTAL 31,163 25,859 1,252 179

B. Reconsideration Notices Issued

12 The Seafood Compensation Program total number of reviews completed to date decreased by two as compared tothe number reviewed in June 2015 because multiple Claimants received a new Notice and requested Reconsiderationof the new Notices. The Claims Administrator will mark these claims again as complete once these additionalReconsideration reviews are finalized.

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Table 13. Reconsideration.

Claim Type

Notices Issued orClaims Closed Outcome of Reconsideration Notice13

Total toDate

WeeklyAverage

CompensationAmount for Eligible

ClaimsExclusions/Denials

↑ ↓ ↔ Confirmed Overturned1. Seafood 3,575 23 776 174 487 1,755 383

2. IEL 5,790 38 165 112 434 3,632 1,447

3. IPV/FV 39 <1 0 0 0 38 1

4. BEL 8,733 57 476 183 319 4,181 3,574

5. Start-Up BEL 790 5 11 13 13 431 322

6. Failed BEL 618 4 0 8 8 491 111

7. Coastal RP 2,089 14 98 26 419 1,269 277

8. Wetlands RP 762 5 38 3 65 630 26

9. RPS 233 2 1 0 4 206 22

10. Subsistence 1,291 8 111 20 41 735 384

11. VoO 627 4 58 6 122 383 58

12 VPD 250 2 48 5 17 113 67

13. TOTAL 24,797 161 1,782 550 1,929 13,864 6,672

3. Appeals.

(a) BP Appeals.

To date, the CAO has issued 26,137 Eligibility Notices that meet or exceed the threshold

amount rendering them eligible for appeal by BP. Of those, BP has either filed an appeal or the

deadline for BP to file an appeal has passed for 25,826 Notices. Of those 25,826 Notices, BP has

filed 6,668 appeals, a 25.8% appeal rate. Table 14 provides summary information on the status of

BP appeals.

Table 14. Status of BP Appeals.

A. Appeal Filing/Resolution

Status As of LastReport

Since LastReport Total

1. BP Appeals Filed 6,489 179 6,6682. Resolved Appeals 5,998 214 6,212

13 Changes to the figures related to outcomes of Reconsideration Notices as compared to the previous outcomes area result of multiple claimants receiving new Notices and subsequently requesting further Reconsideration, whichresulted in the removal of the claim associated with these new Reconsideration requests from this Report.

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Table 14. Status of BP Appeals.(a). Resolved by Panel Decision 2,399 98 2,497

(b). Resolved by Parties 955 67 1,022

(c). Remand to Claims Administrator 159 28 187

(d). Administratively Closed 423 0 423

(e). Withdrawn 385 16 401

(f). Inactive Under Reconsideration/Re-Review

232 5 237

(g). Return for Review Under Policy 495 1,445 0 1,445

B. Pending Appeals1. In “Baseball” Process 235

2. Submitted to Panel 100

3. Under Discretionary Court Review 121

4. TOTAL PENDING 456

(b) Claimant Appeals.

Before a claimant may file an appeal, the claimant must request Reconsideration and

receive a Post-Reconsideration Eligibility or Denial Notice. To date, the CAO has issued 10,197

Post-Reconsideration Eligibility and Denial Notices. Of those, the claimant has either filed an

appeal or the deadline for the claimant to file an appeal has passed for 9,975 Notices. Of those

9,975 Notices, claimants have filed 2,180 appeals, a 21.9% appeal rate. Of the 2,180 claimant

appeals, 1,548 are appeals of Post-Reconsideration Denial Notices, while 632 are appeals of Post-

Reconsideration Eligibility Notices. Table 15 provides summary information on the status of

Claimant Appeals.

Table 15. Status of Claimant Appeals.

A. Appeal Filing/Resolution

Status As of LastReport

Since LastReport Total

1. Claimant Appeals Filed 2,119 61 2,180

2. Resolved Appeals 1,719 42 1,761

(a). Resolved by Panel Decision 1,350 32 1,382

(b). Resolved by Parties 90 1 91

(c). Remand to Claims Administrator 71 10 81

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Table 15. Status of Claimant Appeals.

A. Appeal Filing/Resolution

Status As of LastReport

Since LastReport Total

(d). Administratively Closed 68 -114 67

(e). Withdrawn 50 0 50

(f). Return for Review Under Policy 495 90 0 90

A. Pending Appeals

1. In “Baseball” Process 26

2. In “Non-Baseball” Process 263

3. Submitted to Panel 29

4. Under Discretionary Court Review 101

5. TOTAL PENDING 419

(c) Resolved Appeals.

As reported in the table below, 7,973 appeals have been resolved. Table 16 provides a

summary of these resolved appeals by Claim Type. The comparison between the Post-Appeal

Award Amount and the Award Amount within the original notice does not take into consideration

the 5.0% increase in compensation that a claimant who prevails upon appeal receives.

Table 16. Outcome After Appeal.

Claim Type

Appeals Settled or Decided by Panel

With-drawn

Admin.Closed

InactiveUnder

Recon./Re-Review

Return forReviewUnder

Policy 495

TotalCompensation Amount Following Appeal

Compared to That of Original Notice

Higher Lower Same DenialUpheld

DenialOver-turned

Remand

1. Seafood 76 22 161 50 4 22 52 9 9 0 405

2. IEL 27 68 121 108 15 49 15 22 8 0 433

3. IPV/FV 0 0 0 1 1 0 0 1 0 0 3

4. BEL 64 1,132 2,014 407 88 174 332 438 204 1,535 6,388

5. Coastal RP 37 1 25 157 7 2 8 8 0 0 245

6. WetlandsRP

3 10 6 52 2 0 3 3 16 0 95

7. RPS 0 6 21 39 0 1 5 2 0 0 74

14 The total number of claims Administratively Closed decreased by one as compared to the number in June 2015because one claimant subsequently paid its outstanding Appeal Fee, which moved the appeal to the Pending category.

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Table 16. Outcome After Appeal.

Claim Type

Appeals Settled or Decided by Panel

With-drawn

Admin.Closed

InactiveUnder

Recon./Re-Review

Return forReviewUnder

Policy 495

TotalCompensation Amount Following Appeal

Compared to That of Original Notice

Higher Lower Same DenialUpheld

DenialOver-turned

Remand

8. Subsistence 1 1 9 1 0 3 0 3 0 0 18

9. VoO 16 32 47 57 20 5 28 4 0 0 209

10. VPD 2 29 32 20 0 12 8 0 0 0 103

11. TOTAL 226 1,301 2,436 892 137 268 451 490 237 1,535 7,973

(d) Incompleteness Appeals.

The Appeal for Insufficient Documentation (Incompleteness Appeal) allows Economic

Class Members to have their claims reviewed by a separate Documentation Reviewer when the

CAO denies their claims because of insufficient documentation. The Documentation Reviewer

reviews the claimant’s documentation to determine whether the Settlement Program correctly

denied the claim.

Before sending the claim to the Documentation Reviewer, the CAO reviews the appeal

request along with any newly submitted documents. If the claimant has submitted the requested

documentation and cured the incompleteness, the CAO issues the appropriate Notice. If the

claimant still has not submitted the requested documentation, the CAO sends the claim to the

Documentation Reviewer for review.

Before a claimant may file an appeal of an Incompleteness Denial, the claimant must

request Reconsideration and receive a Post-Reconsideration Incompleteness Denial Notice. To

date, the CAO has issued 7,559 Post-Reconsideration Incompleteness Denial Notices. Of those,

the claimant’s appeal deadline has passed or an appeal has been filed for 7,299 Notices. Of the

7,299 Notices eligible for appeal, 3,556 (48.7%) appeal requests have been filed. Table 17

provides summary information on the status of Incompleteness Appeals.

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Table 17. Incompleteness Appeals.

A. Incompleteness Appeal Filing/Resolution

StatusAs of Last

ReportSince Last

ReportTotal

1. Incompleteness Appeals Filed 3,358 198 3,5562. Appeals Resolved 2,184 64 2,248

(a). Withdrawn/Closed Claims 22 1 23

(b). Cured 545 51 596

(c). Incompleteness Denial Affirmed 1,542 8 1,550

(d). Incompleteness Denial Overturned 75 4 79

B. Pending Incompleteness Appeals

3. In Pre-Documentation Reviewer Process 9534. Currently Before Documentation Reviewer 355

5. TOTAL PENDING 1,308

(e) Fifth Circuit Appeals.

As a result of decisions handed down by the United States Court of Appeals for the Fifth

Circuit (the “Fifth Circuit”) on May 8, 2015, the Parties now have the right to notice further appeals

to the Fifth Circuit from rulings made by the District Court on discretionary review of individual

claims. The CAO has substantially finalized procedures with the District Court to implement and

facilitate the Fifth Circuit’s rulings since changes were required with respect to the docketing of

discretionary review requests and rulings, and the creation of appeal records.

E. Seafood Supplemental Distribution

The Settlement Agreement calls for BP to finance a $2.3 billion Seafood Compensation

Program Settlement Fund. The Settlement Agreement states that any balance available after the

first distribution will be distributed to each claimant in proportion to the claimant’s gross

compensation, unless the Court-Appointed Seafood Neutrals recommend a different formula. On

September 19, 2014, the Seafood Neutrals submitted to the Court their Recommendations for the

Seafood Compensation Program Supplemental Distribution (which can be located on the

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Settlement Program’s Website). On November 18, 2014, the Court approved the Seafood

Supplemental Distribution formula established under the Court-Designated Neutrals’

Recommendations for Seafood Compensation Program Supplemental Distribution. The Court

approved a partial Supplemental Distribution targeted at $500 million of the remaining

undistributed portion of the aggregate $2.3 billion fund for the Seafood Compensation Program.

Payments will be disbursed in multiple phases.

The Seafood Neutrals also recommended that if a claimant or BP disagrees with a

claimant’s award in Round Two, the challenge must be limited to whether the formulas described

in Sections II (A) and III (F) of the Recommendations were properly implemented with respect to

the individual claim at issue. The Seafood Neutrals also recommended that the Claims

Administrator have the discretion and authority to promulgate procedural and evidentiary rules as

well as limit and define appellate rights. On November 18, 2014, the Court approved the Seafood

Neutrals’ Recommendations in full, and on December 29, 2014, the Claims Administrator

promulgated Rules Governing the Seafood Supplemental Distribution Calculation Objection

Process pursuant to the Court-approved Seafood Neutrals’ recommendations.

As of July 31, 2015, the Settlement Program has issued 4,268 Seafood Supplemental

Distribution Eligibility Notices for a total Supplemental Distribution Value of $429,576,959. The

Seafood Supplemental Distribution Notices are included in the report where appropriate. As of

July 31, 2015, the Settlement Program issued payments of $389,951,499 from the Supplemental

Distribution to 3,482 claimants.

II. CLAIMANT OUTREACH EFFORTS

The CAO has continued its claimant outreach efforts since the previous Court Status Report

as detailed below.

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A. Law Firm Contacts.

The Law Firm Contact Team continued multiple outreach campaigns for both claim and

claimant level issues. The team conducted weekly outreach regarding missing documentation

required for payment. The Law Firm Contact Team continued daily outreach assignments

regarding the Form 4506 and 4506-T process and to request Identity Verification

documentation. The Law Firm Contact Team continues to assist firms by providing information

concerning claim statuses and claim determinations, and assists reviewers by answering questions

and resolving missing required documentation through outreach.

B. Claimant Communications Center (CCC).

The CCC continued with a variety of outreach campaigns for all claim types. Agents

continued outreach to pro se claimants who submitted insufficient Forms 4506 and/or 4506-T, in

addition to outreach to ensure proper claim filing prior to the final Claim Filing deadline. The

team continued outreach related to Identity Verification. CCC agents continued to field calls from

pro se claimants and authorized business representatives with questions concerning claim statuses

and notices.

C. Summary of Outreach Calls.

Table 18 summarizes some of the Claimant Outreach Program efforts as of July 31, 2015.

Table 18. Outreach Call Volume.

Location CallsMade

IncompleteClaims

Affected

ClaimsWith NewDocs After

Call

% ofClaims

With NewDocs After

Call

ClaimantsVisiting

CAC AfterCall

% ofClaimants

VisitingCAC

After Call

1. BrownGreer 188,698 42,436 33,723 79.5% 14,238 33.6%

2. Garden City Group 74,277 8,969 6,876 76.7% 755 8.4%

3. P&N 79,100 19,810 18,276 92.3% 337 1.7%

4. PwC 815 376 368 97.9% 12 3.2%

5. TOTAL 342,890 71,591 59,243 82.8% 15,342 21.4%

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III. CONCLUSION

The Claims Administrator offers this Report to ensure that the Court is informed of the

status of the Settlement Program to date. If the Court would find additional information helpful,

the Claims Administrator stands ready to provide it at the Court’s convenience.

_____/s/ Patrick Juneau__PATRICK A. JUNEAUCLAIMS ADMINISTRATOR

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CERTIFICATE OF SERVICE

I hereby certify that the above and foregoing pleading has been served on All Counsel by

electronically uploading the same to LexisNexis File & Serve in accordance with Pretrial Order

No. 12, and that the foregoing was electronically filed with the Clerk of Court of the United States

District Court for the Eastern District of Louisiana by using the CM/ECF System, which will send

a notice of electronic filing in accordance with the procedures established in MDL 2179, on this

31st day of August, 2015.

_____/s/ Patrick Juneau__PATRICK A. JUNEAUCLAIMS ADMINISTRATOR

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Public Statistics for the Deepwater Horizon Economic and Property Damages Settlement August 1, 2015

Claims Administrator Patrick Juneau has announced that the Settlement Program began issuing payments on July 31, 2012, and has been issuing outcome Notices since July 15, 2012. The Program will issue Notices on a rolling basis as we com plete reviews, and they will in clude Eligibility Notices, Incompleteness Notices, and Denial Notices. Each Notice will provide information explaining the outcome. We will post Notices on the secure DWH Portal for any law firm or unrepresented claimant who uses the D WH Portal. We will notify firms and unrepresented claimants by email at the end of each d ay if we have p osted a Notice that day. Firms and unrepresented claimants may then log onto the DWH Portal to see a copy of the Notice(s). Law Firms or claimants who do not use the DWH Portal will receive Notices in the mail. Claimants who receive an Eligibility Notice and qualify for a payment will receive that payment after all appeal periods have passed, if applicable, and the claimant has submitted all necessary paperwork, including a fully executed Release and Covenant Not to Sue.

Table 1

Filings by State of Residence

State

Registration Forms Claims Form Begun

Form Submitted Total % Form

Begun Form

Submitted

Total % 1. Alabama 1,017 49,720 50,737 17.3% 1,954 61,463 63,417 16.5%2. Florida 2,159 87,990 90,149 30.7% 6,054 101,639 107,693 28.0%3. Louisiana 2,382 77,289 79,671 27.1% 4,036 107,572 111,608 29.1%4. Mississippi 614 37,765 38,379 13.1% 1,244 43,604 44,848 11.7%5. Texas 312 13,000 13,312 4.5% 587 19,178 19,765 5.2%6. Other 5,230 16,514 21,744 7.4% 1,912 34,774 36,686 9.6%7. Total 11,714 282,278 293,992 100.0% 15,787 368,230 384,017 100.0%

Chart 1: Filings by State of Residence

Table 2

Number of Claims by Claim Type

Claim Type Claims

Unique Claimants

with Form Submitted Form Begun Form Submitted Total %

1. Seafood Compensation Program 413 24,911 25,324 6.6% 10,532

2. Individual Economic Loss 8,287 60,328 68,615 17.9% 58,208

3. Individual Periodic Vendor or Festival Vendor Economic Loss

256 381 637 0.2%

375 4. Business Economic Loss 2,317 129,655 131,972 34.4% 93,205

5. Start-Up Business Economic Loss 295 7,333 7,628 2.0% 5,929

6. Failed Business Economic Loss 275 5,226 5,501 1.4% 4,533

7. Coastal Real Property 1,053 41,202 42,255 11.0% 28,548

8. Wetlands Real Property 383 25,647 26,030 6.8% 4,450

9. Real Property Sales 250 2,094 2,344 0.6% 1,598

10. Subsistence 2,093 61,019 63,112 16.4% 60,606

11. VoO Charter Payment 85 8,896 8,981 2.3% 6,281

12. Vessel Physical Damage 80 1,538 1,618 0.4% 1,302

13. Total 15,787 368,230 384,017 100.0% 254,260

Page 1 of 6

Case 2:10-md-02179-CJB-SS Document 15299-1 Filed 09/01/15 Page 1 of 6

medwards
Text Box
EXHIBIT A
medwards
Text Box
111,608
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Chart 2:  Number of Claims by Claim Type

Filings by Claimant Assistance Center

Table Claimant Assistance Registration Forms Claims

3 Center Form Begun

FormSubmitted Total % Form

BegunForm

Submitted Total %

1. Apalachicola, FL 27 1,507 1,534 4.5% 39 2,168 2,207 5.4%2. Bay St. Louis , MS 8 612 620 1.8% 26 756 782 1.9%3. Bayou La Batre, AL 15 1,029 1,044 3.1% 45 1,126 1,171 2.9%4. Biloxi , MS 34 1,854 1,888 5.6% 75 2,405 2,480 6.0%5. Bridge City, TX 3 421 424 1.3% 16 792 808 2.0%6. Clearwater, FL 65 2,906 2,971 8.8% 300 2,727 3,027 7.4%7. Cut Off, LA 14 625 639 1.9% 26 912 938 2.3%8. Fort Myers, FL 0 116 116 0.3% 5 128 133 0.3%9. Fort Walton Beach , FL 8 1,330 1,338 4.0% 39 1,829 1,868 4.5%

10. Grand Isle, LA 3 145 148 0.4% 5 227 232 0.6%11. Gretna/Harvey, LA 33 2,211 2,244 6.6% 45 2,205 2,250 5.5%12. Gulf Shores, AL 17 2,158 2,175 6.4% 62 2,834 2,896 7.0%13. Houma, LA 24 823 847 2.5% 39 1,048 1,087 2.6%14. Lafitte, LA 18 447 465 1.4% 12 520 532 1.3%15. Lake Charles, LA 1 82 83 0.3% 1 85 86 0.2%16. Metairie, LA 10 860 870 2.6% 24 972 996 2.4%17. Mobile, AL 75 8,134 8,209 24.3% 194 8,927 9,121 22.2%18. Naples, FL 26 1,391 1,417 4.2% 37 1,286 1,323 3.2%19. New Orleans – CBD BG, LA 14 349 363 1.1% 16 362 378 0.9%20. New Orleans East, LA 39 2,116 2,155 6.4% 96 2,477 2,573 6.3%21. Panama City Beach, FL 19 2,549 2,568 7.6% 99 3,979 4,078 9.9%22. Pensacola, FL 30 1,659 1,689 5.0% 76 2,105 2,181 5.3%23. Total 483 33,324 33,807 100.0% 1,277 39,870 41,147 100.0%

Page 2 of 6

Public Statistics for the Deepwater Horizon Economic and Property Damages SettlementAugust 1, 2015Case 2:10-md-02179-CJB-SS Document 15299-1 Filed 09/01/15 Page 2 of 6

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Chart 3: Number of Claims by Claimant Assistance Center

Notices Issued

Table 4 Claim Type Eligible - Eligible - No Incomplete

DenialTotal Claims

Payable Payment Exclusion Denials

Prior GCCFRelease

Causation Denials

Other Denials

Incomplete Denials

Opt-Outs Withdrawn Closed Issued Notice

1. Seafood Compensation Program 13,152 1,484 442 66 2,406 0 951 4,710 1,164 2,532 2,125 29,032

2. Individual Economic Loss 6,349 1,600 3,612 3,312 2,370 100 2,543 20,195 776 2,030 3,251 46,138

3. Individual Periodic Vendor or Festival Vendor Economic Loss 8 0 51 7 28 0 72 141 3 94 30 434

4. Business Economic Loss 23,660 683 28,067 1,488 837 4,631 3,420 15,985 933 4,883 3,147 87,734

5. Start-Up Business Economic Loss 777 38 1,463 60 53 210 601 1,792 102 220 350 5,666

6. Failed Business Economic Loss 41 28 708 68 130 360 973 1,097 116 141 390 4,052

7. Coastal Real Property 28,157 59 242 10 919 0 5,110 1,548 386 500 2,133 39,064

8. Wetlands Real Property 6,563 11 269 28 87 0 4,255 118 94 200 1,635 13,260

9. Real Property Sales 849 6 35 10 80 35 658 86 20 83 143 2,005

10. Subsistence 14,652 923 7,563 25 1,631 0 690 6,846 246 416 807 33,799

11. VoO Charter Payment 7,057 20 46 16 0 0 603 729 95 69 126 8,761

12. Vessel Physical Damage 813 22 91 5 0 0 148 237 21 44 102 1,483

13. Total 102,078 4,874 42,589 5,095 8,541 5,336 20,024 53,484 3,956 11,212 14,239 271,428

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Payment Information

Table 5Claim Type

Eligibility Notices Issued with Payment Offer Accepted Offers Payments Made

Number Amount Number Amount Number Amount Unique Claimants Paid

1. Seafood Compensation Program 13,152 $1,569,647,661 12,001 $1,528,159,255 11,686 $1,504,189,855 4,906

2. Individual Economic Loss 6,349 $77,155,345 6,041 $74,710,213 5,798 $70,517,973 5,798

3. Individual Periodic Vendor or Festival Vendor Economic Loss 8 $77,085 8 $77,085 8 $77,085 8

4. Business Economic Loss 23,660 $3,737,659,105 22,401 $3,547,568,678 20,567 $3,126,562,850 19,250

5. Start-Up Business Economic Loss 777 $135,715,107 731 $129,238,330 702 $118,535,981 670

6. Failed Business Economic Loss 41 $3,322,087 33 $2,916,308 33 $2,916,308 33

7. Coastal Real Property 28,157 $155,906,039 27,665 $153,049,853 27,258 $151,107,023 21,443

8. Wetlands Real Property 6,563 $197,800,212 6,392 $174,392,610 6,260 $173,552,598 1,621

9. Real Property Sales 849 $40,253,821 837 $39,763,610 824 $39,316,778 729

10. Subsistence 14,652 $106,731,567 11,280 $88,668,632 10,439 $82,591,805 10,439

11. VoO Charter Payment 7,057 $281,501,467 7,037 $279,432,469 6,992 $278,312,518 5,322

12. Vessel Physical Damage 813 $12,583,148 813 $12,511,784 781 $12,018,572 729

13. Totals on DWH Releases 102,078 $6,318,352,644 95,239 $6,030,488,828 91,348 $5,559,699,346 66,609

14. Paid As 40% Payments to Claimants with Transition Payments 3,267 $53,462,965 3,267

15. Total Payments: 94,615 $5,613,162,311 69,876

Appeals Received

Table 6 Resolved Appeals

Appeal Status BP Appeals Claimant Appeals Total Appeals

1. Resolved by Panel Decision 2,497 1,382 3,879

2. Resolved by Parties 1,022 91 1,113

3. Withdrawn 401 50 451

4. Administratively Closed 423 67 490

5. Inactive Under Reconsideration/Re-Review 237 0 237

6. Remand to Claims Administrator 187 81 268

7. Return for Review Under Policy 495 1,445 90 1,535

8. Total 6,212 1,761 7,973

Pending Appeals

9. In “Baseball” Process 235 26 261

10. In “Non-Baseball” Process 0 263 263

11. Submitted to Panel 100 29 129

12. Under Discretionary Court Review 121 101 222

13. Total 456 419 875

Grand Total

14. 6,668 2,180 8,848

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Chart 4: Registration and Claim Forms Filed by Month

Chart 5: Notices Issued by Month

Chart 6: Payments Made by Month

Chart 7:  Appeal Resolutions by Month

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Public Statistics for the Deepwater Horizon Economic and Property Damages SettlementAugust 1, 2015

Legend:

1. Form Begun - Includes electronically filed registration or claim forms for the period of time between the moment a claimant or his attorney has initiated the submission of a form and moment they complete that filing by submitting the electronic signature. This definition also includes hard copy registration or claim forms where the DWH Intake Team is in the process of linking the scanned images and has not yet completed the data entry on that form.

2. Form Submitted. Includes electronically file r egistration or claim forms af ter the clai mant or his attorney co mpletes the el ectronic signature and clicks the Sub mit button. T his definition also includes hard copy registration or claim forms where the DWH Intake Team has completed both the linking of scanned images and the data entry on that form.

3. Unique Claimants with Form Submitted - Counts the unique number of claimants with at least one Clai m Form Submitted for each Claim Type. Because claimants may file claims for more than one Claim Type, the sum of all Claim Types will not equal the count of total unique claimants.

4. Filings by Claimant Assistance Center- The

5. Notices Issued – The Seafood Compensation Program row (row 1) of Table 4 includes Seafood Sup plemental Distribution Claims. The count of Notices I ssued in Table 4 counts each unique claim issued a Notice only once. For clai ms issued multiple Notices, this report uses the f ollowing hierarchy when counting the claim: (1) Eligibility Notice if the clai m has been paid; (2) Most recent active Notice if the claim has not been paid; (3) If the claim has been closed it will not be counted as an Eligibility Notice unless the claim has been paid. The count of Notices Issued in Chart 5 counts all Notices Issued and reports claims with multiple Notices once for each Notice issued. Because of this, the totals reported in Table 4 do not match the totals reported in Chart 5.

6. Payment Information - The timing of payment can be affected by a number of factors. Even after the DHECC receives a Release, delay in receipt of a W-9, or in receipt of the Attorney Fee Acknowledgment Form can delay payment. In addition, any alterations or omissions on the Release Form, or an assertion of a th ird-party lien against an award amount, can delay payment. As a result, this report will show a higher number of Accepted Offers than Amounts Paid. The Seafood Compensation Program row (row 1) of Table 5 includes Seafood Supplemental Distribution Claims.

7. Appeals Received - Excludes Appeals closed pursuant to 4/24/13 Court Order.

8. Note: The Claims Ad ministrator continually monitors the status of a ll clai m filings. Through this process, the Claims Administrator may f ind duplicate claims from th e same claimant. In such cases, the Claims Administrator will close th e duplicate claim and only process the remaining valid claim. This report excludes duplicate claims from all counts of claims filed.

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9. Note: The Seafood Supplemental Distribution Notices are included in the Exhibit A as appropriate.
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10. Note: The final deadline for filing all claims other than those that fall into the Seafood Compensation Program was 6/8/15.
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11. Note: Claims Received includes all damage categories but does not include timely claim forms that have been received in hard copy but have yet to be recorded electronically into the system of record.
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Claimant Assistance Centeres in Table 3 and Chart 3 are closed.